Legal Terms: C
Capital Crime
criminalA crime punishable by death, such as first-degree murder with special circumstances.
Case Law
generalLaw established through judicial decisions and court opinions, as opposed to statutes or regulations. Also called common law or judge-made law.
Cause of Action
civil procedureA set of facts and legal theories that give a party the right to seek a judicial remedy against another party.
Cease and Desist
generalAn order or letter demanding that a party stop an activity (such as trademark infringement) and refrain from resuming it.
Certiorari
civil procedureA writ issued by a higher court directing a lower court to deliver the record of a case for review. The Supreme Court grants certiorari to hear appeals.
Chain of Custody
evidenceThe documented chronological history of the handling, transfer, and location of physical evidence, ensuring its integrity for use at trial.
Challenge for Cause
civil procedureA request to dismiss a prospective juror based on a demonstrated bias or inability to be impartial.
Chapter 11
bankruptcyA form of bankruptcy that allows businesses to reorganize their debts and operations while continuing to operate.
Chapter 13
bankruptcyA form of bankruptcy allowing individuals with regular income to create a 3-to-5-year repayment plan to pay off debts while keeping their property.
Chapter 7
bankruptcyA form of bankruptcy involving liquidation of non-exempt assets to pay creditors, with remaining eligible debts being discharged.
Chattel
propertyPersonal property that is movable, as distinguished from real property (land and buildings).
Choice of Law
civil procedureThe determination of which jurisdiction's law applies to a dispute when the parties or events are connected to more than one jurisdiction.
Circumstantial Evidence
evidenceEvidence that requires an inference to connect it to a conclusion of fact, as opposed to direct evidence.
Citation
generalA reference to a legal authority (statute, case, regulation) or a notice to appear in court for a minor offense.
Civil Law
generalThe body of law dealing with disputes between private parties, as opposed to criminal law. Encompasses contracts, torts, property, and family law.
Civil Rights
constitutionalThe rights of individuals to receive equal treatment and be free from discrimination based on characteristics such as race, sex, religion, and national origin.
Claim
civil procedureAn assertion of a right to money, property, or a legal remedy; also, the legal basis for a lawsuit.
Class Action
civil procedureA lawsuit brought by one or more plaintiffs on behalf of a larger group of similarly situated individuals.
Clear and Convincing Evidence
evidenceA standard of proof higher than preponderance of the evidence but lower than beyond a reasonable doubt, requiring evidence that is highly and substantially more probable to be true.
Clerkship
generalA position in which a recent law school graduate works for a judge, assisting with legal research, drafting opinions, and other judicial duties.
Closing Argument
civil procedureThe final statement made by each attorney to the judge or jury, summarizing the evidence and arguments presented during trial.
Codicil
estateA supplement or amendment to an existing will that modifies, explains, or revokes specific provisions without replacing the entire will.
Coercion
criminalThe use of force, threats, or intimidation to compel someone to act against their will.
Collateral
businessProperty pledged as security for a loan or debt. If the borrower defaults, the lender can seize the collateral.
Collateral Estoppel
civil procedureA doctrine preventing a party from relitigating an issue of fact that has already been determined in a prior proceeding. Also called issue preclusion.
Color of Law
constitutionalThe appearance of legal authority. Actions taken under color of law are those performed by government officials using their official power.
Comity
generalThe principle by which courts of one jurisdiction give respect and deference to the laws, judicial decisions, and institutions of another jurisdiction.
Commingle
businessTo mix together, especially funds. Commingling personal and business funds can lead to piercing the corporate veil.
Common Carrier
businessA company or individual that transports goods or passengers for compensation, owing a heightened duty of care.
Common Law
generalLaw developed by judges through court decisions and precedent, rather than through legislative statutes or executive action.
Community Property
familyA system of property ownership used in some states where assets acquired during marriage are considered equally owned by both spouses.
Commutation
criminalThe reduction of a criminal sentence by executive action, such as the governor or president reducing a prison term.
Comparative Negligence
tortA legal doctrine that apportions fault among parties in a negligence case, reducing the plaintiff's recovery by their percentage of fault.
Compensatory Damages
tortMoney awarded to a plaintiff to compensate for actual losses suffered, including medical expenses, lost wages, and property damage.
Complaint
civil procedureThe initial pleading filed by the plaintiff that begins a civil lawsuit, setting forth the allegations and claims against the defendant.
Compliance
businessThe act of conforming to laws, regulations, rules, and standards applicable to an individual or organization.
Compulsory Process
constitutionalThe Sixth Amendment right of criminal defendants to subpoena witnesses to testify on their behalf.
Conciliation
civil procedureA voluntary process in which a neutral third party helps disputing parties communicate and reach an agreement.
Concurrent Jurisdiction
courtsWhen two or more courts have the authority to hear the same type of case.
Concurrent Sentence
criminalCriminal sentences served at the same time rather than one after another (consecutive).
Condemnation
propertyThe exercise of eminent domain — the government taking private property for public use with just compensation.
Consecutive Sentence
criminalCriminal sentences served one after another rather than at the same time (concurrent).
Consent Decree
civil procedureA court order that formalizes an agreement between parties to a lawsuit, often used in civil rights, environmental, and antitrust cases.
Conservator
estateA person appointed by a court to manage the financial affairs or personal care of an incapacitated adult.
Consideration
contractsSomething of value exchanged between parties to a contract, which makes the agreement legally binding. Can be money, services, or a promise.
Consolidation
civil procedureThe combining of two or more legal actions or businesses into a single proceeding or entity.
Conspiracy
criminalAn agreement between two or more persons to commit an unlawful act or to accomplish a lawful purpose by unlawful means.
Constitution
constitutionalThe supreme law of the United States, establishing the structure of government, defining governmental powers, and protecting individual rights.
Constructive Discharge
employmentWhen an employer makes working conditions so intolerable that a reasonable employee would feel compelled to resign, treated legally as a termination.
Constructive Notice
propertyLegal notice that a person is deemed to have received even if they did not actually receive it, because the information was publicly available.
Consumer Protection
generalLaws and regulations designed to protect buyers of goods and services from unfair, deceptive, or fraudulent business practices.
Contempt of Court
courtsWillful disobedience of a court order or disruptive behavior in court, punishable by fines or imprisonment.
Contingency Fee
generalA fee arrangement where the attorney's payment depends on the outcome of the case, typically a percentage of the recovery.
Contract
contractsA legally enforceable agreement between two or more parties, consisting of an offer, acceptance, consideration, capacity, and legality.
Contributory Negligence
tortA common law doctrine barring a plaintiff from recovering damages if they were at all at fault for their own injury.
Conversion
tortThe wrongful exercise of control or dominion over another person's personal property, depriving them of its use.
Conveyance
propertyThe transfer of legal title to property from one person to another by means of a written instrument such as a deed.
Copyright
intellectual propertyLegal protection for original works of authorship fixed in a tangible medium, giving the creator exclusive rights to reproduce, distribute, and display the work.
Coroner
criminalA public official responsible for investigating deaths, particularly those that are sudden, unexplained, or suspicious.
Corporation
businessA legal entity separate from its owners (shareholders) that can enter contracts, own property, sue and be sued, and has perpetual existence.
Corpus Delicti
criminalLatin for 'body of the crime.' The principle that a crime must be proven to have occurred before a person can be convicted.
Corroboration
evidenceAdditional evidence that confirms or supports testimony or other evidence already presented.
Counterclaim
civil procedureA claim made by the defendant against the plaintiff in the same lawsuit, asserting that the plaintiff owes the defendant.
Court Order
courtsA directive issued by a judge that requires a party to do or refrain from doing a specific act.
Covenant
propertyA formal promise or agreement, often found in contracts and deeds. In real estate, restrictive covenants limit how property can be used.
Creditor
bankruptcyA person or entity to whom money is owed, either through a loan, sale of goods, or provision of services.
Crime
criminalAn act or omission that violates a law and is punishable by the state through fines, imprisonment, or other penalties.
Criminal Law
criminalThe body of law that defines offenses against the state or public, establishes punishments, and governs the prosecution of those offenses.
Cross-Examination
evidenceThe questioning of a witness by the opposing party's attorney, designed to test credibility and challenge testimony given during direct examination.
Cruel and Unusual Punishment
constitutionalPunishment prohibited by the Eighth Amendment, interpreted to include torture, disproportionate sentences, and degrading treatment.
Custody
familyThe legal right and responsibility to care for a child, including physical custody (where the child lives) and legal custody (decision-making authority).